Assignment Contract For Wholesaling (Real Estate) Template for Indonesia

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Key Requirements PROMPT example:

Assignment Contract For Wholesaling (Real Estate)

"I need an Assignment Contract For Wholesaling (Real Estate) for a luxury apartment complex in Jakarta, with a 6-month wholesale period starting March 2025, including specific provisions for international buyers and a minimum sale price requirement of 15 billion rupiah."

Document background
The Assignment Contract For Wholesaling (Real Estate) is a specialized agreement used in Indonesian real estate transactions where a property owner wishes to delegate the sale of their property to a wholesaler. This document is particularly relevant when owners seek to expedite property sales through professional wholesalers who have established networks of buyers. The contract must comply with Indonesian property law, including the Basic Agrarian Law (UUPA) and relevant property registration regulations. It typically includes comprehensive details about the property, assignment terms, wholesale period duration, pricing parameters, and conditions for final sale. This type of agreement is commonly used in both commercial and residential property markets, providing a structured framework for wholesale arrangements while protecting the interests of all parties involved under Indonesian jurisdiction.
Suggested Sections

1. Parties: Identification of the Assignor (original property rights holder), Assignee (wholesaler), and acknowledgment of potential end-buyer

2. Background: Context of the assignment arrangement, including details of the original property rights and intention for wholesale assignment

3. Definitions: Key terms used throughout the agreement, including property-specific terminology and wholesale-related definitions

4. Subject Matter of Assignment: Detailed description of the property and rights being assigned, including property specifications and documentation

5. Assignment Price and Payment Terms: Financial terms including assignment fee, payment schedule, and wholesale markup limitations

6. Conditions Precedent: Prerequisites that must be fulfilled before the assignment becomes effective

7. Assignment Process: Step-by-step procedure for executing the assignment and subsequent wholesale

8. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity and the property

9. Rights and Obligations: Detailed responsibilities of each party during the assignment and wholesale period

10. Property Documentation: Requirements for handling and transferring property documentation

11. Time Period and Deadlines: Timeframes for wholesale period and completion of assignment

12. Default and Remedies: Consequences of breach and available remedies

13. Termination: Circumstances under which the agreement can be terminated and consequences

14. Governing Law and Dispute Resolution: Applicable Indonesian law and method of resolving disputes

15. Notices: Process for formal communications between parties

16. Execution: Signature requirements and execution formalities

Optional Sections

1. Assignment Protection: Additional safeguards for the Assignor if required for high-value properties

2. End-Buyer Requirements: Specific criteria for acceptable end-buyers if the Assignor wishes to maintain certain standards

3. Marketing Rights: Specific terms regarding how the property can be marketed for wholesale

4. Property Management: Terms for maintaining the property during the wholesale period

5. Tax Provisions: Specific allocation of tax responsibilities if different from standard practice

6. Insurance Requirements: Additional insurance requirements beyond statutory minimums

7. Confidentiality: If sensitive information needs protection during the wholesale process

8. Force Majeure: Specific provisions for unforeseen circumstances affecting the wholesale period

Suggested Schedules

1. Property Details: Comprehensive description of the property including certificates, boundaries, and specifications

2. Property Documents: List of all relevant property certificates and documentation

3. Payment Schedule: Detailed breakdown of payment terms and deadlines

4. Due Diligence Results: Summary of property checks and verifications

5. Required Permits: List of necessary permits and licenses for property transfer

6. Property Photos: Current photographs and condition report of the property

7. Power of Attorney: Format for power of attorney if required for assignment process

8. Assignment Completion Checklist: Step-by-step checklist for completing the assignment process

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Investment

Construction

Property Management

Financial Services

Legal Services

Real Estate Investment Trusts (REITs)

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Business Development

Acquisitions

Investment

Risk Management

Operations

Contract Administration

Relevant Roles

Real Estate Manager

Property Acquisitions Manager

Legal Counsel

Contract Administrator

Real Estate Broker

Property Developer

Investment Manager

Real Estate Agent

Compliance Officer

Property Portfolio Manager

Business Development Manager

Real Estate Analyst

Transaction Manager

Risk Manager

Asset Manager

Industries
Indonesian Civil Code (Kitab Undang-undang Hukum Perdata): The fundamental law governing contracts, obligations, and property rights in Indonesia. Articles 1320-1337 specifically deal with the validity of agreements and contractual obligations.
Law No. 5 of 1960 on Basic Agrarian Law (UUPA): The primary law governing land rights and real estate ownership in Indonesia, including regulations on property transfer and registration.
Government Regulation No. 24 of 1997 on Land Registration: Regulates the procedures and requirements for property registration and transfer of ownership in Indonesia.
Law No. 8 of 1999 on Consumer Protection: Provides protection for buyers in property transactions and establishes rights and obligations of sellers and buyers.
Law No. 20 of 2011 on Apartments: Specific regulations governing apartment units and multi-story building ownership and transfer.
Law No. 11 of 2020 on Job Creation (Omnibus Law): Recent reforms affecting property investment and business regulations, including simplification of licensing procedures.
Government Regulation No. 18 of 2021: Implementing regulation of the Omnibus Law specifically dealing with land banks and land procurement.
Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment: Relevant for protection mechanisms in case of default or bankruptcy of either party in the wholesale transaction.
Ministry of Trade Regulation No. 51 of 2020: Regulations concerning business licensing and trading activities, including wholesale trading.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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